Arresting Protestors Without Warrant Verdict Upheld
The Court of Appeals for the District of Columbia affirmed a jury verdict finding the class plaintiff's rights were violated when they were arrested on the U.S. Capitol steps without warrant. The class plaintiffs, who were Congressman Ronald V. Dellums, engaged in a protest on the Capitol steps on May 5, 1971.
Along with the class plaintiffs, some 2,000 persons marched three abreast in groups of 21 from the mall near the Capitol to the steps.
They obeyed traffic signals and the directions of police officers. They were allowed on the Capitol grounds and a meeting began on the steps.
While Congresswoman Bella Azbug was giving a speech around 3:30 p.m., police cordoned off the bottom of the steps, preventing anyone from leaving. They began arresting members of the assemblage, refusing Dellum's offer to persuade the crowd to disperse.
The complaint alleged false arrest and false imprisonment, violation of First Amendment rights, cruel and unusual punishment for confined conditions, and malicious prosecution. The jury found for the plaintiffs, awarding monetary damages for each. The false arrest and false imprisonment claims awarded from $120 to $1,800, depending upon duration of detention. Those awards were affirmed in an appeal, while the other awards were vacated.
The D.C. Circuit found the false arrest claim well founded, for it was unreasonable for James M. Powell, Chief of the U.S. Capitol Police, to believe the 1,200 arrestees had specific intent to disrupt Congress, which was the basis for the arrests. The Court said, "The arrest of the crowd as a whole could not constitutionally have been predicated on the specific intent of some, but only on a refusal to quit." Thus, the award was affirmed.
The Court found First Amendment liability existed, but remanded for a new damge award determination. A new trial was required for on the malicious prosecution claim and the cruel and unusual punishment claim vacated a duplicative award. See: Dellums v. Powell, 566 F.2d 167 (D.C. Cir. 1977).
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Related legal case
Dellums v. Powell
| Year | 1977 |
|---|---|
| Cite | 566 F.2d 167 (D.C. Cir. 1977) |
| Level | Court of Appeals |
| Injunction Status | N/A |